Chandigarh schools can't strike off students, deny education over non-payment of fees: High Court

The Punjab Haryana High Court, while disposing of a PIL, has made it clear that even if a parent is not able to pay the tuition fee of the school, the school cannot deprive the student of the right to education and cut the name of the student. A bench of Chief Justice Ravi Shankar Jha and Justice Arun Palli has given the order while disposing of the PIL filed by Pankaj Chandgothia.

The High Court said that Clause IV of the directives issued by the Chandigarh Administration on May 18 says that the name of the child will neither be deducted from the school nor deprived of education if no parent pays the school tuition fee. The High Court said that if a parent is unable to pay the fee, they should first inform the school about it in writing. If, in spite of that, the school does not respond to it, then, in the case of private schools constituted by the administration they could submit a written complaint to the fee regulatory authority headed by the Education Secretary.

The authority will take action in 15 days. If no action is taken within that period, the High Court has granted the right to file a petition to the court in this regard.

Chandgothia had filed a PIL in the High Court stating that schools are closed due to the coronavirus disease (COVID-19)-necessitated nationwide lockdown, so school administrations saying that without fees they cannot function is absolutely wrong because, before the lockdown, these same private schools had taken admission fees from children. Schools have a lot of funds, he contested, but most of the parents have also suffered losses due to lockdown, a fact that should be taken into consideration.

The fee collection should be prohibited during the lockdown and it should be ensured that schools do not charge additional fees for the lockdown period, except tuition fees.

However, this High Court order is only confined to schools in Chandigarh. The guardians, on part of the students, will have to pay only the tuition fees. But even if the parent is unable to pay the tuition fee, the school can neither cut the name of the child nor deprive them of the right to education.